HKSAR v. Yip Sai Ming

CACC6/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 6 OF 2005

(ON APPEAL FROM DCCC NO. 614 OF 2004)

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BETWEEN

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Before : Hon Stuart-Moore VP, Stock JA and McMahon J in Court

Date of Hearing : 12 May 2006

Date of Judgment : 12 May 2006

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R U L I N G

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Hon McMahon J (giving the ruling of the Court) :

1.On 31 March 2006 this court handed down its judgment in respect of the applicant’s application for leave to appeal against his convictions in the District Court on 19 charges of obtaining a pecuniary advantage by deception, contrary to section 18(1) of the Theft Ordinance, Cap. 210.

2.We allowed the application in respect of Charges 1 to 10 following the respondent’s concession in that regard, treated the application as the appeal, and quashed those convictions.

3.In respect of the balance of the convictions on Charges 11 to 19, we again allowed the application and treated the hearing as the appeal but dismissed the appeal after applying the proviso to section 83(1) of the Criminal Procedure Ordinance, Cap. 221.

4.The applicant who is now unrepresented applies for a certificate pursuant to section 32(2) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484.

5.He has not specified in his written application upon what limb of section 32(2) he relies, but from his oral argument before us, he suggests that a substantial and grave injustice has been done.  That is not a matter for this court to certify.  Further, no point of law of great and general importance arises from the judgment in our view and the application for a certificate is dismissed.

Mr Robert S.K. Lee, SADPP, of the Department of Justice, for the Respondent

The Applicant, in person